Search for: "Michael McGinnis"
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30 Nov 2011, 5:55 am
Adopting his thesis makes sense if you believe that originalism is required by the rule of law (Barnett, me), by the benefits of supermajority procedures (McGinnis and Rappaport), as a framework for politics and constitutional construction (me), as a requirement of democratic legitimacy (Whittington, Bork, me), or as a basis for judicial restraint (Bork, Scalia, and many others).By contrast, Gerard's stipulation about who is engaged in originalist interpretation not only leaves people… [read post]
18 Mar 2015, 4:42 pm
Michael B. [read post]
5 Sep 2022, 5:50 pm
McGinnis & Michael B. [read post]
25 Jul 2012, 10:04 am
McGinnis, George C. [read post]
4 Jun 2017, 1:06 pm
John McGinnis, Rappaport's frequent co-author, states that colorblindness was the “core ideology of the Republican Party” while inexplicably lamenting that it may no longer be so. [read post]
6 Feb 2015, 6:00 am
Washington Jennifer Camero ProfessorCamero Southern Illinois Montre Carodine MDCarodine Alabama Paul Caron SoCalTaxProf Pepperdine Michael Carrier profmikecarrier Rutgers Arturo Carrillo AJCarrillo4 George Washington Elizabeth Carter BitsyNOLA Louisiana State Melissa Casan MsCastan Monash David Case dwcase Mississippi Mary Anne Case Mary_Anne_Case Chicago Tim Caulfield CaulfieldTim Alberta James Cavallaro JimCavallaro Stanford Eric Chaffee… [read post]
13 Aug 2015, 2:55 pm
In the very interesting Clough Center symposium referred to in my previous post, moderator Jim Fleming asked where we are in the debate between the various forms of originalism and living constitutionalism. [read post]
23 Jun 2021, 6:30 am
A fourth technique is mastering the Constitution’s “language of law,” as John McGinnis and Michael Rappaport have argued. [read post]
28 Jan 2015, 12:50 am
– Akhil Amar and John McGinnis and Michael Rappaport; see also this directly relevant essay by Rappaport) do not claim that such applications automatically trump other considerations; they still leave considerable room for adjustment to changing factual circumstances. [read post]
27 Feb 2018, 4:23 am
” For The New York Times, Adam Liptak and Michael Shear report that “[t]he court’s decision not to hear the administration’s appeal was expected, as no appeals court has yet ruled on the issue. [read post]
14 Jan 2007, 9:03 pm
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a loosely-knit family of constitutional theories. [read post]
16 Jul 2023, 6:00 am
Introduction One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good. [read post]
20 Nov 2011, 12:12 pm
McGinnis Northwestern University - School of Law Michael B. [read post]
16 Jan 2020, 7:26 pm
Tyler's mini-manifesto has already attracted insightful responses from David Henderson, John McGinnis, Vincent Geloso and Alex Salter, Nick Gillespie, Henry Olsen of the Washington Post, and John Cochrane. [read post]
25 Jun 2021, 6:30 am
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
20 Sep 2010, 10:38 am
The regulation of kosher slaughter in the United States: how to supplement religious law so as to ensure the humane treatment of animals. 16 Animal L. 259-285 (2010).McGinnis, Robin C., Legislative Review Editor and students Jennifer O’Brien and Randall Szabo. 2009 legislative review. 16 Animal L. 371-401 (2010).Schoenbaechler, Danny. [read post]
22 May 2014, 7:44 am
For example, the New Deal/Civil Rights legacy may well give new support to religious conservatives, like Michael McConnell, who argue that the pervasive state interventionism of the modern era require a change in the constitutional base-line for assessing religious access to public facilities and subsidies. [read post]
19 Jul 2009, 2:07 pm
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a loosely-knit family of constitutional theories. [read post]
16 Mar 2008, 10:41 am
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a loosely-knit family of constitutional theories. [read post]
19 Feb 2012, 8:55 pm
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a family of constitutional theories. [read post]
